LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law generally requires an individual to hold a credential, certificate, or permit to provide instruction to pupils in elementary and secondary schools. Existing law requires the Commission on Teacher Credentialing to, among other things, establish standards for the issuance and renewal of credentials, certificates, and permits.

This bill would authorize the Governor Governor, upon the submission of
evidence demonstrating a teacher shortage in a school district, to declare an “Urgent State of Need” in response to a teacher shortage in one or more that school districts district for a shortage of teachers in specific subject areas or a shortage of teachers with an authorization to provide bilingual instruction to limited-English-proficient pupils. The bill would authorize a school district subject to an “Urgent State of Need” declaration to employ as a teacher a person without a valid credential, certificate, or permit otherwise necessary to provide instruction to pupils, as provided.

The bill would require a teacher person employed under an “Urgent State of Need” declaration to receive a preliminary teaching credential after 5 complete consecutive school years of employment with satisfactory performance evaluations. The bill would require the commission to determine, based on the teaching experience of the teacher, the
appropriate credential to issue and would authorize the commission, if appropriate, to issue to the teacher an authorization to provide services to English learners. enroll in a commission-accredited teacher credentialing program within 2 years of his or her start of employment. The bill would require school districts employing teachers under an “Urgent State of Need” to provide support and supervision annually at no cost to the teachers.

Digest Key

Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Article 16 (commencing with Section 44415) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:

Article
16. Governor’s Urgent State of Need

44415.

(a) The Governor Governor, upon the submission of evidence by a school district to the Governor, or to an agency designated by the Governor as having specialized teacher workforce expertise, demonstrating a teacher shortage in the school district to the satisfaction of the Governor or the agency, may declare an “Urgent State of Need” in response to a teacher shortage in one or more that school districts.
district. Evidence of teacher shortage includes, but is not limited to, teacher availability data and recent efforts made by the school district to recruit credentialed teachers. The Governor may declare an “Urgent State of Need” in a school district for a shortage of either of the following:

(1) Teachers in specific subject areas, including, but not limited to, courses approved as meeting the A-G admissions requirements of the University of California and the California State University.

(2) Teachers with an authorization to provide bilingual instruction to English learners.

(b) (1) Notwithstanding any other law, a school district subject to an “Urgent State of Need” declaration may employ as a teacher a
person without a valid credential, certificate, or permit otherwise necessary to provide instruction to pupils.

(2) A person without a valid credential, certificate, or permit shall not be employed pursuant to paragraph (1) unless all of the following conditions are satisfied:

(A) The candidate has obtained a college degree from a regionally accredited institution.

(B) The candidate has a current certificate of clearance issued from the Commission on Teacher Credentialing.

(C) The candidate demonstrates expertise relevant to the position, as determined by the Commission on Teacher Credentialing.

(D)The school district shows evidence that a credentialed teacher is unavailable for the full-time teaching position.

(c)After five complete consecutive school years of
employment with satisfactory performance evaluations, a teacher employed pursuant to paragraph (1) of subdivision (b) shall receive a preliminary teaching credential. The commission shall determine, based on the teaching experience of the teacher during the five school years of employment, the appropriate credential to issue to the teacher. If appropriate, the commission may also issue to the teacher an authorization to provide services to English learners pursuant to Section 44253.3, 44253.4, or 44253.7.

(c) A person employed by a school district pursuant to subdivision (b) shall, within two years of the start of his or her employment, enroll in a teacher credentialing program that is accredited by the commission.

(d) (1) The school district employing a teacher pursuant to this section shall provide a minimum of 200 hours of support and supervision annually at no cost to the teacher.

(2) The school district employing a teacher pursuant to this section, after the hiring of the teacher but before school begins or resumes, shall do either of the following:

(A) For a teacher who has previous teaching experience, either in another state or country or of at least one year at the postsecondary level, the school district shall provide a minimum of 35 hours of teacher training on lesson planning and the standards of the school district.

(B) For a teacher who
has previously taught for less than one year at the postsecondary level or has no previous teaching experience, the school district shall provide 105 hours of teacher training that includes, but is not limited to, lesson planning, discipline, classroom management, and other topics that the school district determines appropriate to aid the new teacher.

(e) A teacher employed pursuant to this section shall be required to join an employee organization selected as the exclusive representative of the certificated employees of the school district or pay a fair share services fee, as provided in Section 3543 of the Government Code. The teacher shall be subject to an applicable collective bargaining agreement made between the employee organization and the school district.